Passmore on Privilege

Latest posts

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  • Litigation privilege post ENRC - part 2

    Enviado: 04 December 2018

    This blog post examines the second of two recent post ENRC decisions on litigation privilege.

  • Litigation privilege post ENRC - part 1

    Enviado: 04 December 2018

    This blog post examines the first of two recent post ENRC decisions on litigation privilege.

  • What does SFO v ENRC mean for Deferred Prosecution Agreements?

    Enviado: 21 November 2018

    Now the fuss over the decision in SFO v ENRC decision has died down, it is worth focussing on comments the Court of Appeal made about the interplay between privilege and Deferred Prosecution Agreements (DPAs).

  • Another damaging decision on interview notes and waiver vis a vis the SFO

    Última revisión: 19 September 2018 / Enviado: 01 May 2018

    The Divisional Court has added support to the proposition that litigation privilege is not available in a criminal context until the prosecution authorities have decided actually to prosecute.

  • The crime-fraud exception to privilege

    Enviado: 21 August 2018

    This post looks at a recent decision which highlights concerns that the threshold required to be reached to invoke the exception is being weakened.

  • Common interest privilege

    Enviado: 01 March 2018

    This blog post considers the common interest privilege issues arising out of the judgment of Andrew Smith J in Accident Exchange Ltd & Anor v McLean & Ors.

  • The effect of a duty of confidentiality owed by a witness

    Enviado: 02 February 2018

    This blog post considers the situation where evidence is sought from a potential witness who owes a duty of confidentiality to another.

  • An exception to privilege?

    Enviado: 29 January 2018

    This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.

  • Waiver of privilege

    Enviado: 15 January 2018

    This blog post examines a recent US case on waiver of privilege the facts of which would, if repeated before an English Court, quite probably lead to a similar decision.

  • The ENRC and the RBS Rights Issue Litigation

    Última revisión: 10 October 2017 / Enviado: 18 July 2017

    ENRC and RBS Rights Issue Litigation: where are we now?

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